The Right Medical Evidence Wins the Case
I recently tried two cases that involved competing opinions from multiple medical experts. In each instance, I was able to develop the favorable medical evidence that I needed by very carefully selecting well respected specialists to render credible opinions and by specifically tailoring medical questionnaires for each specialist to respond to that targeted the issues at hand. The use of a radiologist in one case who analyzed multiple MRI scans helped me prove to the Administrative Law Judge that despite the existence of pre-existing cervical degenerative disc disease, my client had suffered a job-related aggravation for which cervical fusion surgery was needed. In the other case, we convinced the ALJ through our medical evidence that my client had been properly diagnosed with Complex Regional Pain Syndrome for which ongoing treatment was needed. Interestingly enough, no medical depositions were taken in either case. Winning cases with conflicting medical opinions can be an uphill battle. It demands extensive planning, strategy, preparation of clients for deposition and trial testimony, and persuasive post-hearing briefs. But when everything comes together, it can definitely be done and it will inevitably result in very satisfied clients.